Microsoft argued that the nine pursuing states lack standing to seek a remedy in federal court. Judge Kollar-Kotelly disagreed, saying the fact that the case had been referred to her by the US Court of Appeals meant that she had, in effect, no authority to dismiss the case on these grounds.
Microsoft also argued that the US Government’s role in setting antitrust policy was undermined by the refusal of nine states to support its proposed settlement. This argument also was rejected.
Both sides recently filed their final written arguments, documents which totalled almost 1,100 pages in length. Following Microsoft’s failure to have the case rejected, closing oral arguments will be presented on 19th June 2002.